Buenbyahe

General Terms And Condition For Buenbyahe Booking Website

Buenbyahe Rooms and Hotels , a company incorporated under the laws of Mandaluyong, Philippines  having its registered place of business at 69 Sierra Madre Street, Barangay Highway Hills, Quezon City operates a branded temporary accommodation network (the “Services”), which Services are accessible at www.buenbayhe.com and any other websites through which Buenbyahe Rooms and Hotels  makes the Services available (collectively, the “Site”) and via Application for mobile devices (the “Application”). By using the Site and Application, you agree to comply with and be legally bound by the terms and conditions of these Terms of Service and the Privacy Policy and Cancellation Policy referred to below (“Terms”), whether or not you become a registered user of the Services. These Terms govern your access to and use of the Site, Application and Services and all Collective Content (defined below), and constitute a binding legal agreement between you and Buenbyahe Rooms and Hotels.

Please read carefully these Terms and Conditions, Privacy Policy, and Cancellation Policy, which may be found respectively at https://www.buenbyahe.com/terms-and-conditions, https://www.buenbayhe.com/privacy-policy, If you do not agree to these Terms, you have no right to obtain information from or otherwise continue using the Site or Application. Failure to use the Site and Application in accordance with these Terms may subject you to civil and criminal penalties.

If you accept or agree to these Terms on behalf of an individual, company or other legal entity, you represent and warrant that you have the authority to bind that legal entity to these Terms and, in such event, “you” and “your” will refer and apply to that legal entity.

If you are not agreeable to all the Terms in their entirety, you must not use this Site/ Application and should exit/logout immediately. Your use of the Site/ Application shall be deemed to be an acceptance of the Terms in their entirety. You agree, acknowledge and recognize that the contract of sale is made in the Philippines, is governed exclusively by the laws of the Philippines, and is subject to the exclusive jurisdiction of the courts in Singapore to the exclusion of all other courts.

1. Key Terms

“Accommodation” means such room, area, space or location as is available for rent via the Site, Application, and Services.

“Guest” means someone who is seeking to rent or make a reservation of an Accommodation via the Site, Application, and Services.

“Member” means any individual who has a member account with the Site or Application.

“Buenbyahe Rooms and Hotels  Franchise Partner” or “Partner” means an entity providing Accommodation available for rent via the Site, Application, and Services. 

“Listing” means an Accommodation at a Partner that is available for rental via the Site, Application, and Services.

“User” means a person who uses Buenbyahe Rooms and Hotels’ Site, Application or Services.  

“Buenbyahe Rooms Content” means all Content which Buenbyahe Rooms and Hotels  makes available through the Site, Application, or Services, including any Content licensed from a third party.

“Content” means text, graphics, images, music, software, audio, video, information or other materials. “Guest Content” means all content which a Guest transmits through the Site, Application or Services.

“Collective Content” means all Buenbyahe Rooms and Hotels  Content.

“Tax” or “Taxes” mean any form of tax, levy, impost, duty, contribution, liability and charge in the nature of taxation and all related withholdings or deductions of any kind, including sales taxes, value added taxes (VAT) Expanded Value Added Tax (EVAT), goods and Services taxes (GST) and other similar present and future imposed by  municipal, state and national indirect or other withholding and personal or corporate income taxes wherever and whenever payable as a consequence of any claim, direction, order or determination of any taxation authority.

Certain areas of the Site and Application (and your access to or use of certain aspects of the Services or Collective Content) may have different terms and conditions posted or may require you to agree with and accept additional terms and conditions. If there is a conflict between these Terms and terms and conditions posted for a specific area of the Site, Application, Services, or Collective Content, the latter terms and conditions will take precedence with respect to your use of or access to that area of the Site, Application, Services, or Collective Content.

2. Access to the Site

The accessibility and operation of the Site rely on technologies outside our control. We do not guarantee continuous accessibility or uninterrupted operation of the Website.

3. Modification

I. Buenbyahe Rooms and Hotels reserves the right, at its sole discretion, to modify and update the Site, Application or Services or to modify these Terms, at any time and without prior notice. We will also update the “Last Updated Date” at the top of these Terms. By continuing to access or use the Site, Application or Services after we have posted a modification on the Site or via the Application or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your sole recourse is to cease using the Site, Application and Services.

4. How the Services, Site, and Application Work

I. Buenbyahe Rooms and Hotels operates a branded accommodation network, Community conceptual accommodation and online property booking of accommodation property in all forms and categories available in the market with temporary Accommodation available to rent at its Partners (and at no other location than its Partners).

II. Through the Site and Application, Buenbyahe Rooms and Hotels provides an online facility through which Guests can make room reservations.

III. Buenbyahe Rooms and Hotels reserves the right to make, at its sole discretion, any modifications or changes whatsoever to the Site/ Application or the information, Listings and Services described on the Site/ Application at any time without prior notice to Users. Such modifications or changes shall be effective immediately when they are made and available .

IV. You agree and acknowledge that in the Site/ Application, all Services are offered only at the sole discretion of Buenbyahe Rooms and Hotels . Buenbyahe Rooms and Hotels reserves the right to refuse or cancel orders at any time. Buenbyahe Rooms and Hotels reserves the right to amend the conditions of its Rewards (or any other program), as well as the right to cancel any Member Account and revoke any or all unredeemed Points.

V. Warranty and Liability Disclaimer: Except where prohibited by law, this Site, Application, Services and the Content are provided “AS IS” without any warranty, representation, condition, undertaking, guarantee or term of any kind, express or implied, statutory or otherwise, including without limitation, the warranties of merchantability, non-infringement of intellectual property, or fitness for a particular purpose, or that Listings will meet your requirements or be available on an uninterrupted, secure, or error-free basis. While Buenbyahe Rooms and Hotels conducts regular quality checks and attempts to provide accurate information, Buenbyahe Rooms and Hotels does not warrant the accuracy or completeness of the information, text, graphics, links or other items of this Site, Services or its Content. Buenbyahe Rooms and Hotels may make changes to the Content, or the programs, policies or other information described in the Content, at any time without notice. Buenbyahe Rooms and Hotels makes no commitment to update the Content. If you choose to use the Site, Application, Services you do so at your sole risk. Neither Buenbyahe Rooms and Hotels nor any other party involved in creating, producing, or delivering the Site, Application, Services or Collective Content will be liable for any incidental, special, exemplary or consequential damages or loss. However, in the event that Buenbyahe Rooms and Hotels is found liable on any basis whatsoever or if we are found to have been at fault in relation to the Service, Buenbyahe Rooms and Hotels ’ liability shall be limited to twice the cost of the booking in question. The User/Member shall defend, indemnify, and hold Buenbyahe Rooms and Hotels free and harmless, from any claims, actions, demands arising from or in relation to the Terms which are attributable to its own fault, negligence, act or omission, or the fault, negligence, act or omission of its agents,and representatives.

VI. The Site, Application and Services may contain links to third-party websites or resources which are not under the control of Buenbyahe Rooms and Hotels. You acknowledge and agree that Buenbyahe Rooms and Hotels is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or Services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by such website Buenbyahe Rooms and Hotels or resources or the content, products, or Services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the Content, products or Services on or available from such websites or resources.

VII. You hereby represent and warrant that you are at least eighteen (18) years of age or above and are capable of entering, performing and adhering to these Terms and that you agree to be bound by these Terms. While individuals under the age of 18 may utilize/browse the Site/ Application, they shall do so only with the involvement, guidance and supervision of their parents and / or legal guardians, under such Parent /Legal guardian’s registered account.

VIII. Buenbyahe Rooms and Hotels has the right at its sole discretion to refuse to provide access to or terminate the access of any person(s) whatsoever with or without notice.

5. Bookings and Financial Terms for Guests

I. Guests agree, acknowledge and confirm that before placing any order, Guests shall check the Service description and price carefully and by placing an order for a Service, the Guest agrees to be bound by these Terms and any such conditions of sale as may be imposed by Buenbyahe Rooms and Hotels.

II. Guests agree to pay Buenbyahe Rooms and Hotels for the Total Fees for any booking requested, including any Tax and payment processing charges. Furthermore, Guests understand and agree that Buenbyahe Rooms and Hotels reserves the right, in its sole discretion, to (i) obtain a pre-authorization via the provided credit or debit card for the Total Fees or (ii) charge your credit or debit card a nominal amount, not to exceed SGD1.00 or a similar sum in the currency in which you are transacting (e.g. One euro or one British pound) to verify your credit or debit card. Please note that Buenbyahe Rooms and Hotels cannot control any fees that may be charged to a Guest by his or her bank or any third party related to BUENBYAHE ROOMS’s collection or refund of the Total Fees, or the cancellation of any booking, andBUENBYAHE ROOMS disclaims all liability in this regard.

III. Listings for Accommodations will specify the Total Fees. If a requested booking is cancelled, any amounts collected by Buenbyahe Rooms and Hotels will be refunded to such Guest, depending on the selections the Guest makes via the Site and Application, and any pre-authorization of such Guest’s credit or debit card will be released, if applicable. The rates quoted are inclusive of utility charges, subject to the prevailing goods and services tax, and may be changed without notice. A security deposit and advance payment may also apply upon booking.

IV. Room rates are subject to change as a result of changes in your arrival and/or departure dates. In the event you complete a booking based on a rate that has been incorrectly posted, Buenbyahe Rooms and Hotels reserves the right to correct the rate or cancel the reservation at its discretion.

V. When the Guest uses the Site/ Application, the Guest agrees and understands that the Guest is communicating with Buenbyahe Rooms and Hotels through electronic records and consents to receive communications via electronic records from Buenbyahe Rooms and Hotels periodically and as and when required. Buenbyahe Rooms and Hotels may communicate by email or by such other modes of communication, whether electronic or otherwise. Any such electronic communication may be deemed as a binding agreement between the parties, where applicable. The Guest specifically agrees that Buenbyahe Rooms and Hotels shall not be responsible for unauthorized access to, alteration or transmission of, any material or data sent or received or not sent or received. Further, Buenbyahe Rooms and Hotels will make best efforts to safeguard the confidentiality of the Guest’s personal information available to it according to its Privacy Policy, but transmissions made by means of the internet cannot be guaranteed or made absolutely secure. By using this Site/ Application, the Guest agrees that Buenbyahe Rooms and Hotels shall not be liable for disclosure of the Guest’s information due to errors in transmission or unauthorized acts of third parties. Without prejudice to the foregoing, the Guest agrees that Buenbyahe Rooms and Hotels shall not be held liable or responsible for ‘phishing attacks’ on the Guest. Guest agrees that Guest shall not use/access this Site/ Application from unsecure computers, communication links, and mobile phones. It is the Guest’s responsibility to set his browser to alert him to accept or to reject cookies.

VI. The Guest agrees, acknowledges, confirms and undertakes that the information/data provided or uploaded onto the Site/ Application by the Guest:

(a) shall not be false, inaccurate, misleading or incomplete; or
(b) shall not be dishonest or fraudulent or involve the use of counterfeit or stolen Credit Cards;
(c) shall not create liability for Buenbyahe Rooms and Hotels or cause Buenbyahe Rooms and Hotels to lose (in whole or in part) the Services of Buenbyahe Rooms and Hotels’ ISPs or other Service providers/suppliers. If the Guest contravenes the foregoing or Buenbyahe Rooms and Hotels has reasonable grounds to suspect that the Guest has contravened the foregoing, Buenbyahe Rooms and Hotels has the right to indefinitely deny or terminate Guest’s access to the Site/ Application and to refuse to honour the Guest’s request(s) or booking(s). The Guest further consents under all applicable laws to the collection, use, processing, and disclosure of its personal data or information, as may be applicable, for the purpose of performing the obligations of the parties under the Terms and such Purposes defined under the Privacy Policy.

VII. In connection with the requested booking, the Guest might be asked to provide customary billing information such as name, billing address and credit or debit card information either to Buenbyahe Rooms and Hotels or its third party payment processor. The Guests hereby agrees and understands that he will have to pay the Total Fee as mentioned on the Site/Application for the concerned Accommodation via the payment mode provided on the Site/Application, after which your requested reservation will be confirmed.

Once the reservation has been confirmed, Buenbyahe Rooms and Hotels may debit the Total Fee. You agree and acknowledge that the payment procedure may call for and require additional verification of or information from the Guest and the Guest undertakes to provide complete, accurate and proper information.

The Guest hereby authorizes the collection of the aforementioned amounts by charging the credit or debit card provided as part of requesting the booking, either directly by Buenbyahe Rooms and Hotels or indirectly, via a third party online payment processor or by any one of the payment methods described in the Site or Application.

The Guest also authorizes Buenbyahe Rooms and Hotels to charge a credit or debit card in the event of damage caused at an Accommodation as contemplated under “Damage to Accommodations” below. If directed to Buenbyahe rooms and Hotels’s third party payment processor, the Guest may be subject to terms and conditions governing use of that third party’s service and that third party’s personal information collection practices.

Please review such terms and conditions and privacy policy before using the services. Once your confirmed booking transaction is complete you will receive a confirmation email summarizing your confirmed booking.

Buenbyahe Rooms and Hotels is not responsible for delays or erroneous transaction execution or cancellation of reservation due to payment issues. Buenbyahe Rooms and Hotels takes utmost care to work with third party payment providers, but does not control their systems, processes, technology and work flows, and hence cannot be held responsible or liable for any negligence, malfunction or fault on the part of payment providers.

VIII. To prevent any possibility of unauthorized access to your confidential information such as name, address etc., you shall not use/access this Site from unsecure computers, unsecure communication links, unsecure mobile phones or locations such as Internet-Cafe(s), Cyber-Cafe(s) and other commercially available internet enabled computers or computer services.

IX. The Guest does hereby agree, promise, declare, confirm, covenant, undertake and represent & warrant to Buenbyahe Rooms and Hotels:

(a) The Guest is not under any legal or other deficiency which prevents/may prevent the Guest from: (i) entering into a valid contract under the applicable laws; and (ii) making valid payment to Buenbyahe Rooms and Hotels for bookings or Services ordered by the Guest.

(b) In a credit card transaction, Guest must use his own credit or debit card for which Guest has full right & authority to validly use for the purposes of making payment to Buenbyahe Rooms and Hotels . Buenbyahe Rooms and Hotels shall not be liable for loss suffered by any Guest as a result of any credit card fraud. Buenbyahe Rooms and Hotels shall not be liable for the dishonest or fraudulent use of any credit or debit card, and the onus of proving that there has not been any fraudulent use shall lie on the Guest.

(c) While using the Site/ Application, Guests shall at all times strictly comply with the payment procedure and the Terms in their entirety.

(d) Your use of the Services shall be deemed to mean that you are fully satisfied with the description, look and design of the accommodation and usage fee of the Accommodation as displayed on Buenbyahe Rooms and Hotels’s Site/ Application.

X. Buenbyahe Rooms and Hotels provides Services on the Site/Application subject to complete adherence to the Terms by the User. By accessing, viewing, or using this Site/ Application, you acknowledge, declare, confirm and represent & warrant to Buenbyahe Rooms and Hotels that you have read and understood the Terms and accept them as a binding legal contract equivalent to a duly signed contract binding on you. This agreement is effective immediately upon your accessing, viewing, or using this Site/ Application. You are advised to regularly check for any amendments or updates to the Terms mentioned herein from time to time. Buenbyahe Rooms and Hotels may add to or change, update these Terms from time to time entirely at its sole discretion. Your use of the Site/ Application shall constitute your acceptance to be bound by these Terms and any amendments or revisions thereto. Site/ Application shall not be obliged to notify you, irrespective of the fact that you are registered or not, of any modifications made to the Terms. Your accessing the Site/ Application for purchasing the Services or for mere browsing is subject to the most current version of the Terms appearing on the Site/Application at the time of such use.

XI. Changes or Cancellations by the Guest: Cancellation terms depend on the type of rate chosen at check-out, which may be refundable, non-refundable, or such other terms as may be imposed by Buenbyahe Rooms and Hotels .

(a) Refundable rate: If, as a Guest, you wish to cancel or amend a confirmed booking made via the Site, Application and Services, the Buenbyahe Rooms and Hotels cancellation policy is as follows unless otherwise stated in writing: full refund if cancellation and/or amendment is made up to 2 days (48 hours) before first check-in day; 1 night per room booked charged thereafter (including any optional(s)). Also, the refund will be made to the Guest or Member’s account if Buenbyahe Rooms and Hotels cancels a confirmed booking made via the Site, Services, and Application, and such cancellation was not due to any fault of the Guest or Member. Buenbyahe Rooms and Hotels will refund the Total Fees for such booking to the applicable Guest or Member within a commercially reasonable time of the cancellation.

(b) Non-refundable rate: In case you opted for a non-refundable rate, no changes or cancellation will be allowed.

XII. Changes or Cancellations by Buenbyahe Rooms and Hotels : Buenbyahe Rooms and Hotels may, if needed and at its discretion, choose to relocate guests to other Buenbyahe Rooms and Hotels listings or choose to refund the Guest. In case of severe issues at a Partner location, guests may be eligible for a full or partial refund from Buenbyahe rooms and Hotels (capped at total order value). In order to be eligible, any Guest complaint(s) must be made within 24 hours of Guest check-in, via phone numbers provided on the Site and Application or by sending an email to care@buenbyahe.com. Full and/or partial refunds are in no way guaranteed, are at the discretion of Buenbyahe Rooms and Hotels , and are subject to verification by Buenbyahe Rooms and Hotels staff.

XIII. Damage to Accommodations: As a Guest, you are responsible for leaving the Accommodation in the condition it was in when you arrived. You acknowledge and agree that, as a Guest, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals who you invite to, or otherwise provide access to, the Accommodation.

In the event that a Partner claims any loss or damage and provides evidence of such loss or damage, including but not limited to, photographs or other documentary evidence, you agree to pay the cost of replacing the damaged items with equivalent items. After being notified of the claim and given forty eight (48) hours to respond, the payment will be charged to and taken from the credit or debit card on file. Buenbyahe Rooms and Hotels also reserves the right to charge the credit or debit card on file, or otherwise collect payment from you and pursue any avenues available to Buenbyahe Rooms and Hotels regarding situations in which you have been determined, in Buenbyahe Rooms and Hotels ’s sole discretion, to have caused any loss or damage to any Accommodation or property situated on or in such Accommodation.

If Buenbyahe Rooms and Hotels is unable to charge the credit or debit card on file or otherwise collect payment from you, you agree to remit payment for any damage to the Accommodation. Guests agree to cooperate with and assist Buenbyahe Rooms and Hotels in good faith, and to provide Buenbyahe Rooms and with such information and take such actions as may be reasonably requested by Buenbyahe Rooms and Hotels , in connection with any complaints or claims made by Guests or Members relating to Accommodations or any personal or other property located at an Accommodation or with respect to any investigation undertaken by Buenbyahe Rooms and hotels or a representative of Buenbyahe Rooms and Hotels regarding use or abuse of the Site, Application or the Services.

XIV. The Guests or Member will defend, hold harmless, and indemnify Buenbyahe rooms and Hotels , its employees and agents, at all times from and against any liabilities, losses, damages, costs, and expenses, including but not limited to reasonable attorneys’ fees, which Buenbyahe Rooms and Hotels, or its employees and agents, may suffer or incur as the result of or in connection with unlawful use of the Services, or any violation of governmental law, regulation, or orders, due to, in whole or in part:

(a) the Guest or Member’s breach of any of these Terms;
(b) any negligent or wilful acts, errors or omissions by the Guests or Members, its employees, officers, agents, representatives or contractors in the use of the Services.

6. Terms for Partners and/or Potential Partners

I. Buenbyahe Rooms and Hotels Partners are bound by the terms of the individual agreements entered into between Buenbyahe Rooms and Hotels and them.

II. No service provider of any kind may associate itself with Buenbyahe Rooms and Hotels (as its Partner or otherwise) without Buenbyahe Rooms and Hotels ’ explicit, written consent.

7. Other General Terms

I. Proprietary Rights Notices: All trademarks, service marks, logos, trade names and any other proprietary designations (“Marks”) of Buenbyahe Rooms and Hotels used herein are trademarks or registered trademarks or property of Buenbyahe Rooms and Hotels . Any other Marks not related to Buenbyahe Rooms and Hotels are the trademarks or registered trademarks or property of other relevant parties.

II. Copyright Policy: As a pre-condition of use of this Site/ Application, Member or User warrants to Buenbyahe Rooms and Hotels that it shall not use this Site/ Application for any purpose that is unlawful, unauthorized, or inconsistent with the Terms, and the User agrees that this license to use Buenbyahe Rooms and Hotels ’ Site/ Application will terminate immediately upon Member’s/User’s violation of this warranty. Buenbyahe Rooms and Hotels reserves the right, at its sole discretion, to block/terminate User’s access to this Site/ Application and its content at any time, with or without notice.

All Content on this Site/ Application, including text, graphics, images, and logos, is the property of Buenbyahe Rooms and Hotels or its Content suppliers and is protected by domestic and international copyright laws and regulations. Buenbyahe Rooms and Hotels reserves the right to protect its intellectual property rights to the fullest extent under the applicable law. Unless with the prior written consent of Buenbyahe rooms and Hotels or were allowed under this agreement, nothing herein shall be deemed to grant any ownership rights, or a license to use or otherwise deal with any intellectual property of Buenbyahe Rooms and Hotels.

III. Assignment: You may not assign or transfer these Terms without Buenbyahe Rooms and Hotels ’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. Buenbyahe Rooms and Hotels may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms shall be binding on the parties, their nominees, successors and permitted assigns.

IV. Notices: All notices and other communications permitted or required by the provisions of these Terms may be given by electronic mail, post mail or, if by Buenbyahe rooms and Hotels , by posting such notice on this Site. Notice is deemed given upon receipt by you if sent by electronic mail or post mail, or immediately upon posting to this Site.

V. Feedback: We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Site, Application and Services (“Feedback”). You may submit Feedback by emailing us at cutomercare@buenbyahe.com or by calling phone numbers provided on www.buenbyahe.com. You acknowledge and agree that all Feedback will be the sole and exclusive property of Buenbyahe Rooms and Hotels, and you hereby irrevocably assign to Buenbyahe Rooms and Hotels all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent, copyright, trade secret, moral and other proprietary or intellectual property rights therein.

At Buenbyahe Rooms and Hotels’s request and expense, you agree to execute documents and take such further acts as Buenbyahe Rooms and Hotels may reasonably request to assist Buenbyahe Rooms and Hotels to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback. You consent to the collection, storage and publication on the Site, Application or otherwise, of any Feedback provided to Buenbyahe Rooms and Hotels.

8. Arbitration Rules and Governing Law

I. These Terms will be interpreted in accordance with the laws of the jurisdiction of Singapore. The parties agree to submit to the jurisdiction of the courts of Mandaluyong Philippines for any actions for which the parties retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights, as set forth in the Dispute Resolution provision below.

II. Dispute Resolution: The parties shall attempt to resolve any dispute arising out of or relating to this agreement through negotiations and discussions in good faith. If the matter is not resolved within 30 days from receipt of a written “invitation to negotiate and discuss”, the parties shall attempt to resolve the dispute as follows.

You and Buenbyahe Rooms and Hotels agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof, or the use of the Services or the Site or Application (collectively, “Disputes”) will be settled by binding arbitration, except that each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights.

You acknowledge and agree that you and Buenbyahe Rooms and Hotels are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and Buenbyahe Rooms and Hotels otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of these Terms.

9. Miscellaneous Provisions

I. Waiver: The failure of Buenbyahe Rooms and Hotels to enforce any right or provision of these Terms will not constitute a waiver of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Buenbyahe Rooms and Hotels. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.

II. Severability: If for any reason an arbitrator or a court of competent jurisdiction finds any provision of these Terms invalid, unenforceable or illegal, all other provisions of these Terms will remain in full force and effect. If any invalid, unenforceable or illegal provision of these Terms would be valid, enforceable or legal if some part of it were deleted, the provision shall apply with whatever modification is necessary to give effect to the commercial intention of the parties.
III. Confidentiality: The parties agree that they shall keep confidential all confidential information they may herein acquire in relation to the business or affairs of the other party. Neither party shall use the other party’s confidential information for any other purpose other than for its performance of its obligations under the Terms. This clause shall survive the termination of the Terms.

IV. Force Majeure: Neither party shall be liable for any delay or default in performing its obligations under the Terms if such delay or default is caused by conditions beyond their control, including but not limited to, natural disasters, extreme weather conditions, government actions or restrictions, strikes, lock-outs or industrial action, civil commotion, riot, invasion, coup d’état, martial law, state of emergency, wars, terrorism, insurrections, pandemics, epidemics, nuclear incidents, and/or any other cause beyond the control of the party whose performance is affected; provided, however, that adverse economic conditions or general financial or operational constraints are not deemed to be a force majeure event.

10. Contacting Buenbyahe Rooms and Hotels

If you have any questions about these Terms, please contact  Buenbyahe Rooms and Hotels on customercare@buenbyahe.com

Tour Packages Terms And Conditions

These Terms and Conditions define the contractual relationship between Buenbyahe Rooms and Hotels and its User. All persons who use, read, access and obtain any content, products, or services through this website or any  Buenbyahe Rooms and Hotels affiliated websites, Applications, and System Users  shall be deemed to have read and accepted these Terms and Conditions. Users and Customers are responsible for keeping themselves informed of the current Terms and Conditions of the Buenbyahe Rooms and Hotels  this website.

General

a. The website http://buenbyahe.com. Buenbyahe Android, IOS and messenger booking application , including all contents and infrastructure of this Website and Mobile application is owned and operated by Buenbyahe Rooms and Hotels .

b. The website provides an online platform through which the following services can be booked:

1. Day Tours

2. Multi-day Tours and Packages

3. Accommodation

4. Transfers and other transport services

5. Online and Offline Experiences

6. RT-PCR Test

7. And Other soon to Launch products or services
Establishments that list their products on the marketplaces, can advertise their services for reservation, and through which visitors to the Site can place reservations and payments for these services.

c. By making a reservation through the website, you enter into a direct, legally binding contractual relationship with the hotel, tour supplier, and/or transport provider where you book. In this transaction, Buenbyahe Rooms and Hotels acts solely as an intermediary between you and the hotel, tour supplier, and/or the transport provider, transmitting the details of your reservation to the relevant hotel and tour supplier and our affiliate service provider, then sending you a confirmation email for and on behalf of the hotel and tour supplier.

d. We may modify, revise or update these Terms and Conditions and/or the Privacy Policy, at any time, by updating this posting.

e. You may not copy, reproduce, republish, download, post, broadcast, transmit, make available to the public, or otherwise use content owned by Buenbyahe Rooms and Hotels (inclusive of text, images, URLs, pricing information, etc.) in any way except for your own personal use.

User Accounts

a. You need to create an account and provide information about yourself in order to use some of the features on the website. You are responsible for maintaining the confidentiality of your account password. You are also responsible for all activities that occur in connection with your account. You agree to notify us immediately of any unauthorized use of your account.

b. Your account is for your personal use only. You may not impersonate someone else (e.g., adopt the identity of a celebrity), create an account for anyone other than yourself, provide an email address other than your own, or create multiple accounts. We reserve the right to close your account at any time.

c. Buenbyahe Rooms and Hotels is not responsible for stolen security credentials or passwords.

Reviews, Comments, Photos, and Other Submissions

a. By submitting content to this website by electronic mail, postings on this website or otherwise, including any hotel reviews, photos, videos, questions, comments, suggestions, ideas or the like contained in any submissions (collectively, “Submissions”), you grantBuenbyahe Rooms and Hotels and the affiliated, co-branded and/or linked website partners through whom we provide service (collectively, the “Affiliates”), a nonexclusive, royalty-free, perpetual, transferable, irrevocable and fully sub-licensable right to

1. use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display and perform such Submissions throughout the world in any media, now known or hereafter devised; and

2. use the name that you submit in connection with such Submission.

b. You acknowledge that Buenbyahe Rooms and Hotels may choose to provide attribution of your comments or reviews (for example, listing your name and hometown on a hotel review that you submit) at our discretion, and that such Submissions may be shared with our supplier partners.

c. You further grant Buenbyahe Rooms and Hotels the right to pursue at law any person or entity that violates your or Buenbyahe Rooms and Hotels’ rights in the Submissions by a breach of these Terms.

d. You acknowledge and agree that Submissions are non-confidential and non-proprietary. You expressly waive any and all ‘moral rights’ (including rights of attribution or integrity) that may subsist in your Submissions and agree that you have no objection to the publication, use, modification, deletion or exploitation of your Submissions by us, the Affiliates or any of our partners or licensees.

e. We take no responsibility and assume no liability for any Submissions posted or submitted by you. We have no obligation to post your comments; we reserve the right in our absolute discretion to determine which comments are published on the Website. If you do not agree to these Terms, please do not provide us with any Submissions.

f. You are fully responsible for the content of your Submissions, (specifically including, but not limited to, reviews posted to this Website). You are prohibited from posting or transmitting to or from this Website:

1. any unlawful, threatening, libelous, defamatory, obscene, pornographic, or other material or content that would violate rights of publicity and/or privacy or that would violate any law;

2. any commercial material or content (including, but not limited to, solicitation of funds, advertising, or marketing of any good or services); and

3. any material or content that infringes, misappropriated, or violates any copyright, trademark, patent right or other proprietary rights of any third party. You shall be solely liable for any damages resulting from any violation of the foregoing restrictions, or any other harm resulting from your posting of content to this Website. You acknowledge that Buenbyahe Rooms and Hotels may exercise its rights (e.g. use, publish, delete) to any content you submit without notice to you. If you submit more than one review for the same hotel, only your most recent submission is eligible for use.

 
g. You assume all risks associated with your Submission, including anyone’s reliance on its accuracy, completeness or usefulness, or any disclosure by you of information in your Submission that makes you personally identifiable. You represent that you own, or have the necessary permissions to use, and authorize the use of, your Submission as described herein. You may not imply that your Submission is in any way sponsored or endorsed byBuenbyahe Rooms and Hotels.

h. Buenbyahe Rooms and Hotels and its affiliates may display advertisements and other information adjacent to or included with your Submission on the website and Other Media. You are not entitled to any compensation for such advertisements. The manner, mode, and extent of such advertising are subject to change without specific notice to you.

Pricing, Inclusions, and Exclusions

a. All products, tours, and services offered by Buenbyahe Rooms and Hotels are valid as per the dates displayed at Buenbyahe.com or any Buenbyahe Rooms and Hotels-affiliated website. Occasionally suppliers and/or service providers make changes to tour dates, prices, inclusions, coverage, age requirements.

b. Prices listed on Buenbyahe.com and Buenbyahe Rooms and Hotels-affiliated websites are per person unless otherwise specified.

c. Prices are based on the local tariff at the time of quoting, converted at the prevailing foreign-exchange rate as determined byBuenbyahe Rooms and Hotels.

d. Price quotations are subject to change without notice until a booking has been confirmed.

e. Unless otherwise specified, prices do not include any local taxes or use-fees, including foreign departure, security, port charges, park fees, customs, immigration, agricultural, passenger facility charges or international transportation tax.

f. Prices do not include tips/gratuities to tour directors, drivers or local guides; passport and visa fees; baggage and personal insurance; any items of a personal nature; and any beverages or food not specifically listed under “Inclusions” on the product pages of Buenbyahe.com or Buenbyahe Rooms and Hotels-affiliated websites.

Cancellation Policy

a. Cancellations of Day Tours and Multi-Day tours from independent operators

1. Day Tours booked through Buenbyahe Rooms and Hotels website, that are serviced by independent operators can be cancelled up to 24 hours before departure of the tour for a full refund. This can be done via the ‘Edit Booking’ button in your electronic voucher email.

2. Multi-day packages, regardless of operator, which last for two days or more may be cancelled up to thirty (30) days before the tour departure date notice and will be entitled to only 70% refund per customer. The remaining 30% service fee is to cover operator cost of reserving, planning, and arranging. Please note that changing the number of people in a booking to a smaller number is considered cancellation. You are not entitled to a refund if tours are cancelled less than 30 days before the departure notice.

3. Multi-day packages inclusive of an RT-PCR test will follow the cancellation guidelines below:

  • Once administered, RT-PCR tests will no longer be refundable.
  • Guests with a positive test result will be eligible to refund 70% of the total package price, while the remaining 30% will be used to cover the costs of planning, reserving, and arranging the tour package.

b. Cancellations of Day Tours and Multi-Day tours from independent operators

 1. All Multi-day packages inclusive of flights and RT-PCR tests are non-cancellable, non-rebookable, non-refundable, and non-transferrable.

a. Refunds will be allowed for parties with at least one (1) traveler who will be ineligible to travel due to a positive test result. A valid copy of the COVID-19 positive test result from our testing partners must be presented to avail of the refund.

2. All Multi-day packages inclusive of flights are non-rebookable, non-refundable, and non-transferrable.

a. Tours, flights, and accommodations may only be qualified for a full refund under the following conditions:

I. Force Majeure – Unfavorable weather conditions, natural calamities, and other unforeseen events that may compromise the safety of the travelers and ability to participate in the activities of the tour.

b. For cancellations due to force majeure:

I. For packages cancelled due to force majeure prior to departure, refunding or rebooking without additional fees are allowed on the soonest available date.

II. For cancellations due to force majeure during the trip

    • Return flights are non-refundable and non-rebookable if the day of departure is not affected by force majeure.
    • For cancellations attributable to the carrier, the unused leg or the return flight may be rebooked or refunded without additional fees.

c. RT-PCR Tests are Non-Refundable
For flights cancelled due to reasons attributable to the airline, the airline will shoulder the cost of rebooking an RT-PCR test on the next available date.
The cost of rebooking an RT-PCR test due to the traveler’s personal reasons will be shouldered by the traveler.

c. All discounted tours under a promotional campaign are non-refundable. Promo or discounted multi-day packages are non-cancellable, non-refundable, and non-rebookable.

d. In case of partial cancellations, e.g. a tour or activity portion of a multi-day package is cancelled by the operator, or a tour itinerary is changed due to weather conditions or other unforeseen circumstances, a partial refund is due. If an activity is changed, the price difference between activities will be refunded, or a percentage stated by the tour operator as the standard refund due to changes in program of the tour.

b. Cancellations of Car Rentals

  • Car rentals reservations can be canceled up to 24 hours before departure and receive a full refund. This can be done via the ‘Edit Booking’ button in your electronic voucher.

c. Cancellations due to weather conditions

  • If your tour is canceled by the tour provider due to weather conditions or any other environmental circumstances, you will always receive a full refund.
  • In case of force majeure in the Philippines which prevents you to continue your travel in the Philippines, you will also receive a full refund on all products booked on Buenbyahe Rooms and Hotels.

d. How to Cancel or Change a Booking

1. All cancellations and changes must be made through the voucher that you receive on your email after booking. It will have an edit booking button that allows you to modify and cancel your bookings. After clicking the button you will be taken to a modification page where you can amend your booking details. There will be buttons available both to confirm changes and to cancel your booking. If you cannot cancel or modify your booking then the time to do so has expired.

2. Refund of delivered services needs to be submitted within 15 days after the completion of the tour/package services. All refund requests must be made through email to booking@Buenbyahe.com with the email subject as: Refund Request – [Order number].

3. We do not charge anything for helping you change or make simple rearrangements to your booking for day tours, multi-day tours serviced by independent operators, and car rentals as long as they are requested within the window allowed for changes to a product, but costs can change accordingly with your new details. Please be advised that though we always try our best, due to high demand and low availability, rearrangements are not always possible.

4. For Multi-day Packages arranged by Buenbyahe Rooms and Hotels, please contact your travel planner (your contact at GTTP) for any changes needed. We do not charge anything for helping you change or make simple rearrangements to your Holiday Package, but please note that costs can change accordingly, depending on hotel rates, car rentals, change of included products, etc. In that case, we will either notify you about the increased costs or refund you the difference. In cases where changes reach a form that requires rebooking and tailoring of travel, a service fee of 15% of total tour price might apply.

5. Please note that reducing the number of people in a booking is considered cancellation.

e. Pickups

1. During the booking process, you will be able to choose a pickup location and starting time. If you do not show up for the scheduled pickup time and location stated on your booking, your reservation is non-refundable.

2. If you do not know your pickup location at the time of booking, you can choose to update your pickup location later, up to 24 hours before the tour departure. Click on the link in your voucher email to update your pickup location and other details. Please call the number listed on your voucher if you do not receive a confirmation of your pickup location update.

f. Terms of Payment

1. When you reserve online, full payment is charged to your credit card. To reserve for group bookings and packages of more than 15 people, you can also contact us by email and make a 15% down payment. We will then start reserving your trip to secure you the best price. Full payment must be made at least thirty (30) days before your arrival. Please contact info@buenbyahe.com for this service.

2. All charges are made in Philippine Peso. On our website, you can view an estimate of prices in a number of currencies. This is only to help you understand the approximate price in your preferred currency. Final payment is always conducted in PHP. We also refund in PHP as Buenbyahe Rooms and Hotels does not charge any booking or transaction fees we can not be held liable to any loss in currency exchange during transactions, nor any third party transaction fees that may occur at the time of payment and/or refund.

g. Car Rental Terms

1. All drivers must be a minimum of 21 years of age and have had a driver’s license for at least 1 year. For certain vehicles, the minimum age might be 23 or higher. It is the responsibility of the client to understand and honor the driver’s minimum age. Please note that rentals are not obliged to honor a rental should the driver not meet the age requirements. Upon receiving the rental vehicle, a valid driver’s license in the Latin alphabet and a credit card must be presented. You will be asked to sign a contract with the car rental. We advise you to read this contract carefully and make sure that you are aware of the different insurances that you choose; what you are insured for, self-risk, and more. Please note that security deposit from a valid credit card of an attending traveler might be required upon pick up. The amount may vary depending on car rental and car model. Please contact the rental agency directly for further information. All rented cars should only be driven within the destinations or allowed areas as agreed upon between the driver and the car rental. All rented cars are not allowed for inter-island trips. Upon return of the car, the deposit will be returned to you, provided the conditions of the car are the same as when picked-up. Please note that the car rental agreement will be between the renter and the car rental agency, and any disputes regarding damages etc. will need to be resolved between the two parties. Buenbyahe Rooms and Hotels will not be liable for what you have agreed upon with the car rental company.

2. Buenbyahe Rooms and Hotels cannot be liable to any loss, damages, injuries, accidents, death or sickness during your stay in the Philippines. All matters related to damages to the car are dealt with directly with the car rental. If you have any complaints about one of our car rental partners, please send us an email to customercare@Buenbyahe.com and we will help you protect your rights.

Limitation of Liability

a. Buenbyahe Rooms and Hotels does not operate any tours but directs you to operators and service providers in the Philippines. Neither does Buenbyahe Rooms and Hotels charge Users any fees, and as such, cannot be liable for any accidents, losses, injuries, damages, delays, expenses due to any action or inaction on the part of the operator, guide or his/her services.

b. Hotel ratings displayed on this Website are intended as only general guidelines, and Buenbyahe Rooms and Hotels does not guarantee the accuracy of the ratings. Buenbyahe Rooms and Hotels makes no guarantees about the availability of specific products and services. We may make improvements and/or changes on the Website at any time.

c. We make no representations about the suitability of the information, software, products and services contained on this Website for any purpose, and the inclusion or offering of any products or services on this Website does not constitute any endorsement or recommendation of such products or services by Buenbyahe Rooms and Hotels. All such information, software products, and services are provided “as is” without warranty of any kind. We disclaim all warranties and conditions that this Website, its servers or any email sent from Buenbyahe Rooms and Hotels are free of viruses or other harmful components. We hereby disclaim all warranties and conditions with regard to this information, software, products and services, including all implied warranties and conditions of merchantability, fitness for a particular response, title and non-infringement.

d. The carriers, hotels, tour operators, and other suppliers providing travel or other services on this Website are independent contractors and not agents or employees of Buenbyahe Rooms and Hotels. We are not liable for the acts, errors, omissions, representations, warranties, breaches or negligence of any such suppliers or for any personal injuries, death, property damage, or other damages or expenses resulting there from. We have no liability and will make no refund in the event of any delay, cancellation, overbooking, strike, force majeure, or other causes beyond their direct control, and they have no responsibility for any additional expenses, omissions, delays, re-routing or acts of any government or authority.

e. Guests refusing to wear masks and comply with other mandated health protocols are subject to the service provider’s and carrier’s right to refuse service to anyone causing potential harm and distress to other guests and service personnel. As a marketplace,Buenbyahe Rooms and Hotels hereby limits its liability for any incident of similar nature between the service provider and guests.

f. In no event shall Buenbyahe Rooms and Hotels be liable for any direct, indirect, punitive, incidental, special or consequential damages arising out of, or in any way connected with, your access to, display of or use of the Services or with the delay or inability to access, display or use the Services (including, but not limited to, your reliance upon opinions appearing in these Services; any computer viruses, information, software, linked sites, products and services obtaining through the Services; or otherwise arising out of the access to, display of or use of the Services) whether based on a theory of negligence, contract, tort, strict liability, consumer protection statutes, or otherwise, and even if we have been advised of the possibility of such damages.

g, If, despite the limitation above, we are found liable for any loss or damage which arises out of or in any way connected with any of the occurrences described above, then the liability of Buenbyahe Rooms and Hotels will in no event exceed, in the aggregate, the greater of (i) the service fees you paid to Buenbyahe Rooms and Hotels in connection with such transaction(s) on this Website, or (ii) such amount or its equivalent in local currency to be advised be Buenbyahe Rooms and Hotels.

h. The limitations specified in this section will survive and apply even if any limited remedy specified in these Terms is found to have failed of its essential purpose. The limitations of liability provided in these Terms insure the benefit of Buenbyahe Rooms and Hotels.

Buenbyahe Terms Of Use

1. AGREEMENT FOR USE

This Terms of Use (the “Agreement”) governs your use of this internet website located at www.buenbyahe.com (the “Site”) and is by and between (i) Buenbyahe Rooms and Hotels, having its registered address at 69 Sierra Madre Street, Barangay Highway Hills, Mandaluyong City, Philippines  of the one part; and (ii) you, of the other part. 

 By using, viewing, transmitting, caching, storing and/or otherwise utilizing the Site, the services or functions offered in or by the Site, and/or the contents of the Site in any way, you have agreed to each and all of the terms and conditions set forth below, and waive any right to claim ambiguity or error in this Agreement. If you do not agree to each and all of these terms and conditions please do not use the Site and leave the Site immediately.

We reserve the right, at our sole and absolute discretion, to change, modify, add, or remove portions of these terms at any time without notice and, unless otherwise indicated, such changes will become effective immediately upon posting. Your continued use of the Site following the posting of changes to this Agreement means that you accept those changes.

You warrant that you possess the legal authority to use this Site in accordance with all terms and conditions in this Agreement. You also warrant that all information supplied by you is true and accurate.that you possess the legal authority to use this Site in accordance with all terms and conditions in this Agreement. You also warrant that all information supplied by you is true and accurate.that you possess the legal authority to use this Site in accordance with all terms and conditions in this Agreement. You also warrant that all information supplied by you is true and accurate.

The Site may provide you with the ability to use usernames, passwords, or other codes or devices to gain access to certain portions of the Site (the “Access Codes”). You are entirely responsible for maintaining the confidentiality of your Access Codes and for all activities that occur under your account. You agree to be financially responsible for all of your use of this Site (as well as for use of your account by others, including without limitation all usage by minors of this Site under your name or account). For any reservations or other services for which fees may be charged, you agree to abide by the terms or conditions of purchase imposed, including but not limited to, payment of all amounts when due and compliance with all rules and restrictions regarding availability of rates, products, or services. You shall be completely responsible for all charges, fees, duties, taxes, and assessments arising out of the use of this Site.

2. RESTRICTIONS ON USE/ PROHIBITED CONDUCT

You agree that you will make only legitimate reservations in good faith for use by you or for other persons for whom you are legally authorized to act, and not for other purposes, including without limitation, reselling, impermissibly assigning or posting on third party websites. You agree that you will not make speculative, false, or fraudulent reservations or any reservation in anticipation of demand.only legitimate reservations in good faith for use by you or for other persons for whom you are legally authorized to act, and not for other purposes, including without limitation, reselling, impermissibly assigning or posting on third party websites. You agree that you will not make speculative, false, or fraudulent reservations or any reservation in anticipation of demand.

You also agree not to (i) use any device, software, or other instrument to interfere or attempt to interfere with the proper working of the Site; (ii) take any action that imposes an unreasonable or disproportionately large load on our infrastructure; (iii) not use any robot, spider, other automatic device, or manual process to monitor, scrape, or copy the Site or Buenbyahe Information (as defined below) contained therein, or any aspect of the Site or the Buenbyahe Information, without the prior expressed consent from us; (iv) use the Site for any purpose that is illegal, unlawful, or prohibited by this Agreement; (v) interrupt, disrupt, alter, destroy, impair, restrict tamper, or otherwise affect the proper operation of the Site in any way, including, without limitation, through the use of any malicious or unauthorized code, virus, worm, Trojan horse, malware, or program; or (vi) use the Site in any threatening, libelous, slanderous, defamatory, obscene, inflammatory, pornographic, discriminatory, or otherwise offensive manner. We reserve the right in our sole discretion to revoke or deny your access to the Site, including, without limitation, if you violate any of the provisions of this Agreement.

3. INTELLECTUAL PROPERTIES

The content and information displayed on this Site is the property of Buenbyahe Rooms and Hotels (the “Buenbyahe Rooms and Hotels Information”). The downloading, reproduction, or retransmission of Buenbyahe Rooms and Hotels Information, other than for non-commercial individual use, is strictly prohibited.

This Site and the Buenbyahe Rooms and Hotels Information contain and reference trademarks, patents, trade secrets, technologies, products, processes, or other proprietary rights of Buenbyahe Rooms and Hotels. No license or right to any such trademarks, patents, trade secrets, technologies, products, processes, and other proprietary rights of Buenbyahe Rooms and Hotels is granted to or conferred upon you. No Materials may be reproduced, distributed, posted, displayed, uploaded, or transmitted. Buenbyahe Rooms and Hotels Information contains and references trademarks, patents, trade secrets, technologies, products, processes, or other proprietary rights of Buenbyahe Rooms and Hotels. No license or right to any such trademarks, patents, trade secrets, technologies, products, processes, and other proprietary rights of Buenbyahe Rooms and Hotels  is granted to or conferred upon you. No Materials may be reproduced, distributed, posted, displayed, uploaded, or transmitted except as expressly permitted herein.

4. LINKED WEBSITES

This Site includes links to other web sites. We provide such links solely as a convenience to you and for informational purposes only. We shall not be responsible for the content of any other web sites and make no representation or warranty regarding any other web sites or the contents or materials on such web sites. Other web sites may include links to the Site. The inclusion of such links does not indicate the other web site’s endorsement, support or approval of the content, advertising, products, services, policies or other materials on or available from the Site.

This Site includes links to other web sites. We provide such links solely as a convenience to you and for informational purposes only. We shall not be responsible for the content of any other web sites and make no representation or warranty regarding any other web sites or the contents or materials on such web sites. Other web sites may include links to the Site. The inclusion of such links does not indicate the other web site’s endorsement, support or approval of the content, advertising, products, services, policies or other materials on or available from the Site.

5. DISCLAIMERS

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SITE AND THE BUENBYAHE ROOMS AND HOTELS INFORMATION ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR ANY GUARANTEE OR ASSURANCE THAT THE SITE AND/OR THE Buenbyahe INFORMATION WILL BE AVAILABLE, ADEQUATE, ACCURATE, UNINTERRUPTED, COMPLETED, OR ERROR FREE. WE ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY MALICIOUS OR UNAUTHORIZED CODE AND YOU ARE SOLELY RESPONSIBLE FOR ENSURING YOU HAVE APPROPRIATE SCANNING AND PROTECTIVE MECHANISMS FOR THE SECURITY OF YOUR DEVICES, PROGRAMS, AND INFORMATION. 

BY USING ANY OF THE SITE AND/OR THE BUENBYAHE INFORMATION, YOU ARE ASSUMING ALL RISK OF LOSS THAT MAY ARISE OR BE ASSOCIATED WITH THAT USE. INFORMATION ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR ANY GUARANTEE OR ASSURANCE THAT THE SITE AND/OR THE BUENBYAHE INFORMATION WILL BE AVAILABLE, ADEQUATE, ACCURATE, UNINTERRUPTED, COMPLETED, OR ERROR FREE. WE ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY MALICIOUS OR UNAUTHORIZED CODE AND YOU ARE SOLELY RESPONSIBLE FOR ENSURING YOU HAVE APPROPRIATE SCANNING AND PROTECTIVE MECHANISMS FOR THE SECURITY OF YOUR DEVICES, PROGRAMS, AND INFORMATION. BY USING ANY OF THE SITE AND/OR THE Buenbyahe INFORMATION, YOU ARE ASSUMING ALL RISK OF LOSS THAT MAY ARISE OR BE ASSOCIATED WITH THAT USE.

6. INDEMNIFICATION

You hereby indemnify, defend and hold us and our partner-hotels, vacation rentals and its hosts and its partners  and each of our subsidiaries, affiliates, franchisees and each of such person’s or entities’ officers, directors, agents, contractors, subcontractors, guests, residents, visitors, licensees, invitees, permittees and employees (collectively, the “Indemnified Parties”) harmless from and against any and all allegations, demands, claims, liabilities, damages, fines, penalties or costs of whatsoever nature (including reasonable attorneys’ fees) and whether by reason of death of or injury to any person or loss of or damage to any property or otherwise (the “Claims”) arising out of or in any way connected with this Agreement, the services or products provided to you by the Site or any related act or failure to act by you and whether or not occasioned or contributed to by the negligence of Buenbyahe Rooms and Hotels or any agent or employee of the Indemnified Parties or any of them (except as and to the extent prohibited by applicable law) or Claims arising from your account, including, without limitation, any Claims related to infringement by you of the intellectual property rights of any person, including without limitation, copyright, patent, trade secret, trade mark, privacy, publicity or rights under other intellectual property laws. In the event that any Claim is made or any action or proceeding is brought against the Indemnified Parties, or any of them, arising out of or connected with this Agreement, any such Indemnified Party may, by reasonable notice to you, require you, at your expense, to resist such Claim or take over the defense of any such action or proceeding and employ counsel for such purpose, such counsel to be subject to the prior written approval of such Indemnified Party, which approval shall be deemed to have been given hereby in the case of counsel acting for your insurance underwriters engaged in such resistance or defense.

You shall cooperate with us in the defense of any Claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and each of our subsidiaries, affiliates, franchisees, hosts and each of such person’s or entities’ officers, directors, agents, contractors, subcontractors, guests, residents, visitors, licensees, invitees, permittees and employees (collectively, the “Indemnified Parties”) harmless from and against any and all allegations, demands, claims, liabilities, damages, fines, penalties or costs of whatsoever nature (including reasonable attorneys’ fees) and whether by reason of death of or injury to any person or loss of or damage to any property or otherwise (the “Claims”) arising out of or in any way connected with this Agreement, the services or products provided to you by the Site or any related act or failure to act by you and whether or not occasioned or contributed to by the negligence of Buenbyahe Rooms and Hotels or any agent or employee of the Indemnified Parties or any of them (except as and to the extent prohibited by applicable law) or Claims arising from your account, including, without limitation, any Claims related to infringement by you of the intellectual property rights of any person, including without limitation, copyright, patent, trade secret, trade mark, privacy, publicity or rights under other intellectual property laws. In the event that any Claim is made or any action or proceeding is brought against the Indemnified Parties, or any of them, arising out of or connected with this Agreement, any such Indemnified Party may, by reasonable notice to you, require you, at your expense, to resist such Claim or take over the defense of any such action or proceeding and employ counsel for such purpose, such counsel to be subject to the prior written approval of such Indemnified Party, which approval shall be deemed to have been given hereby in the case of counsel acting for your insurance underwriters engaged in such resistance or defense. You shall cooperate with us in the defense of any Claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

7. LIMITATION OF LIABILITY:

under no circumstances, including, but not limited to, negligence, shall we be liable for any lost profits, cost of cover, direct, indirect, incidental, special, reliance, consequential or punitive damages that result from the use of, or the inability to use, the site or the services or functions of the site or arising out of your access to, or inability to access, the site or your reliance upon, the site or the services, content or materials in, or functions of, the site, provision of, or failure to provide services, or information, or any damages whatsoever resulting from loss of use, data, or profits, whether or not we have been advised of the possibility of such damages. In addition, we have no duty to update the site or the contents thereof. applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. in no event shall our total liability to you for all damages, losses, and causes of action (whether in contract/tort), including, but not limited to, negligence, or otherwise, exceed the amount paid by you, if any, for accessing the site. if you are dissatisfied with the site or any of the products, services, members, suppliers and/or buyer offered in connection therewith or associated therewith, as the case may be, your sole and exclusive remedy shall be to discontinue use of the site and terminate this agreement in accordance with the terms hereof.hall we be liable for any lost profits, cost of cover, direct, indirect, incidental, special, reliance, consequential or punitive damages that result from the use of, or the inability to use, the site or the services or functions of the site or arising out of your access to, or inability to access, the site or your reliance upon, the site or the services, content or materials in, or functions of, the site, provision of, or failure to provide services, or information, or any damages whatsoever resulting from loss of use, data, or profits, whether or not we have been advised of the possibility of such damages. In addition, we have no duty to update the site or the contents thereof. applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. in no event shall our total liability to you for all damages, losses, and causes of action (whether in contract/tort), including, but not limited to, negligence, or otherwise, exceed the amount paid by you, if any, for accessing the site. if you are dissatisfied with the site or any of the products, services, members, suppliers and/or buyer offered in connection therewith or associated therewith, as the case may be, your sole and exclusive remedy shall be to discontinue use of the site and terminate this agreement in accordance with the terms hereof.

8. TERMINATION

This Agreement is effective until terminated by either party. You may terminate these terms at any time by discontinuing use of the Site and destroying all materials obtained from any and all such sites and all related documentation and all copies and installations thereof, whether made under the terms of this Agreement or otherwise. Your access to the Site may be terminated immediately without notice from us if in our sole and absolute discretion you fail to comply with any term or provision of this Agreement. Upon termination, you must cease use of the Site and destroy all materials obtained from such site and all copies thereof, whether made under the terms of this Agreement or otherwise. Notwithstanding the termination of this Agreement, you acknowledge and agree that those rights and obligations which by their nature are intended to survive the termination of this Agreement in order to be fully operative, shall survive the termination of this Agreement including, without limitation, the following provisions hereof: (2) Restrictions on Use/Prohibited Conduct; (5) Disclaimers; (6) Indemnification; and (7) Limitations on Liability.

9. PRIVACY

Your use of the Site is subject to our Privacy Policy. If you would like to view the privacy practices that govern how we process information about you on the Site, please review our Privacy Policy.

10. GENERAL PROVISIONS

Any claim relating to this Agreement or the Buenbyahe Rooms and Hotels shall be governed by the laws of the Philippines. This Agreement constitutes the entire agreement of the parties with respect to the subject matter hereof and supersedes all prior oral and written agreements. No failure or delay on the part of Buenbyahe Rooms and Hotels in exercising any right or remedy hereunder or enforcing the terms and conditions of this Agreement will operate as a waiver thereof. If any part or provision of this Agreement is found to be invalid, unenforceable or void, then the remaining portion shall remain in full force and effect. Headings are for convenience only and not for use in interpretation of this Agreement.

Frequently Asked Questions

Frequently Asked Questions